Text
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who drives a passenger vehicle B.
The Defendant: (a) on August 28, 2014, the police officer requested the Defendant to take a measurement by means of putting the breath in a drinking measuring instrument into the Defendant on a breath on or around 02:15, 2014; (b) on the same day, the Defendant refused such measurement without justifiable grounds; (c) on the same day, the Defendant requested the second measurement on or around 02:25; (d) on the same day, the Defendant refused the demand for the third measurement on or around 02:35, but again refused the demand for a lawful breath measurement by police officers.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Application of Acts and subordinate statutes to any inquiry into the results of the drinking driving control, any statement of control, any report on the situation of driving under the influence of alcohol, and any investigation report;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;